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Davinder Singh Vs. State of Punjab and Another

Davinder Singh vs State of Punjab and Another

Type Court Judgment Court Punjab and Haryana Decided Jan 20, 2013
~4 min read
https://sooperkanoon.com/case/1068500

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Citation
Court
Punjab and Haryana High Court
Decided On
Subject
Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue
Land Acquisition

Parties & Advocates

Appellant / Petitioner

Davinder Singh

Respondent

State of Punjab and Another

Excerpt

.....compromise. learned additional chief judicial magistrate, sangrur has sent her report in this regard through learned district & sessions judge, sangrur . she has reported that she had recorded the statements of the parties, who have supported the factum of compromise. she has concluded her report by submitting that the parties have already settled their grievances amicably and that the compromise arrived at between them through the intervention of the respectable persons and relatives, is without any pressure or coercion from anyone. learned counsel for the complainant has placed on record affidavit of kuldeep singh, respondent no.2 admitting the factum of compromise having been arrived between the parties. it is a case where the offence punishable section 406 is compoundable under section 320 cr.p.c.it is a case where the offence is compoundable with the permission of the court and the proceedings in such a case can be quashed on the basis of compromise. however, it is to be kept in mind while quashing the proceedings that the compromise is just and fair in which no party is taking undue benefit . simultaneously, it has to be seen that the compromise is free from undue pressure. once it is found that the compromise is just and fair and is not brought about by undue pressure of one party on the other, then the court has to see that the quashing would secure the ends of justice or that it would prevent abuse of process of law. the contested decisions made by the courts may leave scars on the litigants losing the battle. in a decision based on compromise, none is a loser and, therefore, it does not leave any such scar. crl. misc. not m-34876 o”3. .compromise not only brings peace and harmony between the parties to a dispute but also restores tranquility in the society. by the compromise, no cause of any friction is left between the parties. the compromise in this case can certainly be said to be one arrived at to secure the ends of justice. nothing appears to.....

Full Judgment

Crl.

Misc.

not M-34876 o”

1. .IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.

not M-34876 of 2012 (O&M) Date of Decision : January 28th, 2013 Davinder Singh ...Petitioner Versus State of Punjab and another ...Respondents CORAM : HON'BLE Mr.JUSTICE VIJENDER SINGH MALIK 1 Whether Reporters of local papers may be allowed to see the judgment?.

2.Whether to be referred to the Reporters or not?.

3.Whether the judgment should be reported in the Digest?.

Present Mr.Anil Chaudhary, Advocate, for the petitioner.

Mr.Anmol Grewal, AAG, Punjab, for the State.

Mr.Abhijeet P.S.Chaudhary, Advocate, for respondent No.2.

VIJENDER SINGH MALIK, J.

Davinder Singh, the petitioner has brought this petition under the provisions of section 482 Cr.

P.C., for quashing of FIR No.99 dated 14.7.2011 registered at Police Station Longowal, District Sangrur (Annexure P1) for an offence punishable under section 406 IPC alongwith all the subsequent proceedings arising out of the same on the basis of compromise (Annexure P2).While issuing notice of motion, the parties were directed to Crl.

Misc.

not M-34876 o”

2. .appear before learned Illaqa Magistrate on 22.11.2012 for getting their statements recorded in support of the compromise.

Learned Additional Chief Judicial Magistrate, Sangrur has sent her report in this regard through learned District & Sessions Judge, Sangrur .

She has reported that she had recorded the statements of the parties, who have supported the factum of compromise.

She has concluded her report by submitting that the parties have already settled their grievances amicably and that the compromise arrived at between them through the intervention of the respectable persons and relatives, is without any pressure or coercion from anyone.

Learned counsel for the complainant has placed on record affidavit of Kuldeep Singh, respondent No.2 admitting the factum of compromise having been arrived between the parties.

It is a case where the offence punishable section 406 is compoundable under section 320 Cr.P.C.It is a case where the offence is compoundable with the permission of the court and the proceedings in such a case can be quashed on the basis of compromise.

However, it is to be kept in mind while quashing the proceedings that the compromise is just and fair in which no party is taking undue benefit .

Simultaneously, it has to be seen that the compromise is free from undue pressure.

Once it is found that the compromise is just and fair and is not brought about by undue pressure of one party on the other, then the court has to see that the quashing would secure the ends of justice or that it would prevent abuse of process of law.

The contested decisions made by the courts may leave scars on the litigants losing the battle.

In a decision based on compromise, none is a loser and, therefore, it does not leave any such scar.

Crl.

Misc.

not M-34876 o”

3. .Compromise not only brings peace and harmony between the parties to a dispute but also restores tranquility in the society.

By the compromise, no cause of any friction is left between the parties.

The compromise in this case can certainly be said to be one arrived at to secure the ends of justice.

Nothing appears to the court to be suggestive of pressure, much less undue pressure on the complainant for this compromise.

Undue benefit is also not seen to be taken by any party in the matter of compromise.

Thus, keeping in view the fact that the parties have settled the dispute and that the settlement between them is just and fair, brought about without undue pressure from any one and that the same would be securing the ends of justice, I accept the petition and quash FIR No.99 dated 14.7.2011 registered at Police Station Longowal, District Sangrur (Annexure P1) for an offence punishable under section 420 IPC along with all the subsequent proceedings arising out of the same.

(VIJENDER SINGH MALIK) JUDGE January 28th, 2013 som

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